DEDICATION AND DECLARATION OF PROTECTIVE RESTRICTIONS, COVENANTS, LIMITATIONS, EASEMENTS, AND APPROVALS APPENDED TO AS PART OF THE DEDICATION AND PLAT OF

THE CLIFFS

A SUBDIVISION IN ABOITE TOWNSHIP, ALLEN COUNTY, INDIANA

MASTERPIECE HOMES, INC., an Indiana Corporation hereby declares that it is the Owner and Developer of real estate described in this plat (the “Real Estate”) which includes The Cliffs, and lays off, plats, and subdivides the Real Estate in accordance with the information shown on the plat attached to and incorporated by reference in this document. The platted subdivision shall be known and designated as The Cliffs, a Subdivision in Aboite Township, Allen County, Indiana.

The Lots shall be subject to and impressed with the covenants, agreements, restrictions, easements, and limitations set forth in this document, and shall be considered a part of every conveyance of land in The Cliffs. The provisions contained in this document are for the mutual benefit and protection of the owners present and future of any land and all land in the Subdivision, and they shall run with and bind the land and shall inure to the benefit of and be enforceable by the owners of land included in the subdivision, their respective legal representatives, successors, grantees, and assigns.

The Lots are numbered from 1 to 67, inclusive, and all dimensions are shown in feet and decimals of a foot on the Plat. All streets and easements specifically shown or described are private streets, but there shall be a perpetual right and easement for purposes of ingress and egress granted across said streets to all lot owners, their invitees, and all public and quasi-public parties.

PREFACE

The Cliffs, is a portion of a tract of real estate which has been and will be ultimately subdivided into approximately 67 residential Lots, all to be included in and known as The Cliffs, separately designated by sequentially numbered sections and/or villa sections. Each Owner of a Lot in The Cliffs shall become a member of the Community Association, known as The Cliffs Community Association, Inc. (“Master Association”). Additionally, if an Owner’s Lot is located in the villa section, said Owner will also become a member of the Community Association for the villa section, known as The Cliffs Villa Community Association A, Inc. (“Villa Association A”) or other such similar name in addition to being a member of the Master Association. All Owners shall be bound by the Articles of Incorporation and Bylaws of said corporations.

It shall be the obligation of The Cliffs Community Association, Inc., to make provision for the maintenance of the common areas designated on the face of the Plat, and the common areas in all sections, including the villa section. It shall be the obligation of Villa Community Association A, Inc. to make provision for the exterior maintenance of the Lots within their respective jurisdiction.

This Preface and its statement shall be deemed a covenant of equal force and effect as all others herein set forth.

ARTICLE I

Definitions

Section 1. “Architectural Control Committee” shall mean the body designated herein to review plans and to grant or withhold certain approvals in connection with improvements and developments. The Committee shall be composed of three (3) members initially appointed by the Developer. Any vacancies from time to time shall be filled pursuant to the terms of these Restrictions or the Bylaws of The Cliffs Community Association, Inc.

Section 2. “ASSOCIATIONS” shall mean and refer to both associations (Master Association and Villa Association A), its successors, and assigns.

Section 3. “Bylaws” shall mean the Bylaws initially adopted by the ASSOCIATIONS and all amendments and additions thereto.

Section 4. “Common Area” shall mean all real property owned by the Master Association for the common use and enjoyment of the Owners in the Subdivision, as shown on the respective Plat of said Subdivision, and as may be added in accordance with Article II, Section 3 of these Restrictions. Common Area is designated as Blocks A through G on the face of the Plat.

Section 5. “Developer” shall mean Masterpiece Homes, Inc., an Indiana Corporation, its assigns, successors, or successors in interest, and any person, firm, or corporation, designated by it or its said successor or successor in interest.

Section 6. “Dwelling Unit” shall mean and refer to the structure used as a residential living unit located upon a Lot, including the garage and any appurtenances.

Section 7. “Lot” shall mean any of said Lots in The Cliffs, as platted or any tract of land as conveyed originally or by subsequent Owners, which may consist of one or more Lots or parts of one or more Lots, upon which a dwelling may be erected in accordance with the restrictions hereinafter set forth. PROVIDED, HOWEVER, no tract of land consisting of part of any one Lot or parts of more than one Lot shall be considered a “Lot” unless said tract of land has a minimum of seventy-five (75) feet width at the established building line as shown on the Plat, and an area of 10,000 square feet, including all villa Lots.

Section 8. “Master Association” shall mean and refer to The Cliffs Community Association, Inc., its successors, and assigns.

Section 9. “Owner” shall mean and refer to the record owner (including villa Lots), whether one or more persons or entities, of a fee simple title to any Lot which is a part of the Plat, including contract sellers, excluding those having such interest merely as security for the performance of an obligation.

Section 10. “Plan Commission” shall mean the Allen County Plan Commission, or any successor agency thereto with zoning jurisdiction over the Real Estate.

Section 11. “Plat” shall mean the recorded secondary plat of The Cliffs.

Section 12. “Property” or “Properties” shall mean and refer collectively to each section of The Cliffs development as it may be changed from time to time.

Section 13. “Real Estate” shall mean the property described on the face of the Plat of the Cliffs, as recorded.

Section 14. “Restrictions” shall mean and refer to the Dedication, Protective Restrictions, Covenants, Limitations, Easements, and Approvals appended to as part of the Dedication and Plat of The Cliffs.

Section 15. “Subdivision” shall mean The Cliffs and all its various sections and villa sections, a Subdivision located in Aboite Township, Allen County, Indiana.

Section 16. “The Cliffs” shall mean and refer collectively to each section of The Cliffs development, including all villa Sections, as it may be changed from time to time.

Section 17. “Villa Association A” shall mean and refer to the community association formed for The Cliffs Villas Community Association A, Inc., its successors, and assigns.

Section 18. “Villas at The Cliffs A” shall mean and refer collectively to Lots 44-67, inclusive, of The Cliffs Subdivision as it may be changed from time to time.

ARTICLE II

Property Rights

Section 1. Owner’s Easements of Enjoyment. Every Owner shall have a right and easement of enjoyment in and to the Common Area which shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions:

(a)  the right of the ASSOCIATIONS to charge reasonable admission and other fees for the use of any recreational facility situated upon the Common Area:

(b)  the right of the ASSOCIATIONS to suspend the voting rights and right to use of the recreational facilities by an Owner for any period during which any Assessment against said Owner’s Lot remains unpaid; and for a period not to exceed ninety (90) days for any infraction by said Owner, or the Owner’s family, tenants, contract purchasers for invitees of its published rules and regulations after a hearing by the Board of Directors of the ASSOCIATIONS;

(c)  the right of the ASSOCIATIONS to dedicate or transfer all or any part of the Common Area to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the members. No such dedication or transfer shall be effective unless an instrument signed by two-thirds (2/3) of each class of members of the ASSOCIATIONS agreeing to such dedication or transfer has been recorded.

(d) the right of the ASSOCIATIONS to charge a fine, said set amount to be determined by the Board of Directors of the ASSOCIATIONS, for any violation of these protective restrictions and covenants and/or any violation of the published rules and regulations.

Effect of Nonpayment of Fines: Remedies of the Master Association. If any Owner shall fail, refuse, or neglect to make any payment of any fine when due, the Board of Directors of the Master Association may in its discretion declare the entire balance of unpaid fine to be due and payable, with interest as aforesaid, and file a Written Notice of Lien against the Lot in the office of the Recorder of Allen County, Indiana, which Notice of Lien shall perfect the lien of the Master Association and have the same force and effect as, and be enforced in the same manner as, a mortgage lien under Indiana law, and shall include attorney’s fees, title expenses, interest, and any costs of collection. The Master Association may bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien against the Lot, or may do both. In any successful action, the Master Association shall be entitled to recover all of its costs and expenses. No Owner may waive or otherwise escape liability for the fines provided for herein by non-use of the Common Area, facilities, or abandonment of the Owner’s Lot.

Section 2. Delegation of Use. Any Owner may delegate, in accordance with the Bylaws, said Owner’s right of enjoyment to the Common Area and facilities to the members of his family, his tenants, or contract purchasers who reside on the property.

Section 3. Additions to Common Area. The Developer reserves the right so long as Class B members of the ASSOCIATIONS exist, to convey and transfer to the ASSOCIATIONS such additional real and/or personal property as the Developer within its sole discretion deems appropriate, and the ASSOCIATIONS(s) shall accept such transfer and shall hold such property as a part of the Common Area of the Subdivision.

ARTICLE III

Architectural Control

No building, improvement, construction, excavation, fence, wall, drain tile, swimming pool or spa, tennis court, basketball hoop, exterior lighting, swing set, play equipment, statues, lawn ornaments, landscaping, or other structure, intended either for ornamentation, leisure, recreation, or fitness shall be commenced, erected, altered, or maintained upon any Lot, nor shall any exterior addition to or change or alteration of any Dwelling Unit be made until two (2) sets of plot plans, and specifications showing the nature, kind, shape, height, color, materials, and location of the same shall have been submitted to and approved in writing by the Architectural Control Committee as to (1) harmony of external design and location in relation to surrounding structures and topography, and (2) the standards and guidelines established by the Architectural Control Committee from time to time. Due to the unique situation of Lot #9 with its topographical limitations, a home inconsistent with the standard architectural control specifications may be allowed with Architectural Control Committee approval. For instance, it may be an all cedar sided house, or some type of a Frank Lloyd Wright-type house that might utilize concrete exteriors. Again, this is only with Architectural Control Committee approval and due to the exclusive nature of the lot. No trees, shrubs or undergrowth that are existing at the time of lot purchase may be cleared from any lot without the prior written approval of the Architectural Control Committee. The Architectural Control Committee may specifically stipulate certain trees and undergrowth that cannot be cleared at anytime whatsoever, now or in the future, so as to act as a privacy or visual buffer or landscape feature. Landscaping must comply with size, type, quantity, location, and any other standards established by the Master Association. All approvals shall be requested by submission to the Architectural Control Committee of plans and specifications in duplicate, showing the following:

(a)  The Dwelling Unit, and other improvements, access drives, and other improved areas, and the locations thereof on the site;

(b)  All mail boxes and exterior ornamentation;

(c)  Plans for all floors and elevations, including projections and wing walls;

(d)  Exterior lighting plans;

(e)  Walls, fencing, and screening;

(f)  Patios, decks, pools, and porches;

(g)  Landscape plan showing size and species of plantings, including both existing and proposed plantings;

(h)  All other improvements on said Lot;

(i)  Existing and proposed land contours and grades;

(j)  All proposed materials and colors;

Neither the Developer, the Architectural Control Committee, the ASSOCIATIONS, nor any member, officer or director thereof, nor any of their respective heirs, personal representatives, successors or assigns, shall be liable to anyone by reason of any mistake in judgment, negligence, or nonfeasance arising out of or relating to the approval or disapproval or failure to approve any plans so submitted, nor shall they, or any of them, be responsible or liable for any structural defects in such plans or in any building or structure erected according to such plans or any drainage problems resulting therefrom. Every person and entity who submits plans to the Architectural Control Committee agrees, by submission of such plans, that he or it will not bring any action or suit against the Committee, the Master Association, Villa Association A, or the Developer to recover any damages or to require the Committee or the Developer to take or refrain from taking, any action whatsoever in regard to such plans or in regard to any building or structure erected in accordance therewith. Neither the submission of any complete sets of plans to the Developer’s office for review by the Architectural Control Committee, nor the approval thereof by that Committee, shall be deemed to guarantee or require the actual construction of the building or structure therein described, and no adjacent Lot Owner may claim any reliance upon the submission and or approval of any such plans or the buildings or structures described therein.